IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110010699
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the Silver Star be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states:
* He was sent a letter post World War II stating he was awarded the Silver Star
* The Honor Roll for the 274th Infantry Regiment indicates he was awarded the "SSM" per War Department General Orders (WDGO) Number 6 in 1947
3. The applicant provides:
* Document titled "U.S. Army Awards of the Silver Star" for conspicuous gallantry in action during World War II from the Enhanced Research Library
* Document titled "Honor Roll - 274th Infantry Regiment"
* Letter, dated 2 May 2011, from the National Personnel Records Center in St. Louis, MO
* WD AGO Form 53-55
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 15 May 1944. He served in the European Theater of Operations and was honorably discharged on 3 July 1946.
4. His WD AGO Form 53-55 does not show the Silver Star as an authorized award. His WD AGO Form 53-55 does show he received the Combat Infantryman Badge.
5. War Department General Orders Number 6, dated 14 January 1947, show he received the Silver Star for gallantry in action on 3 March 1945 in France.
6. Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground
combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Silver Star. His WD AGO Form 53-55 should be corrected to show this award.
2. Based on his Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal. His WD AGO Form 53-55 should be corrected to show this medal.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Silver Star and Bronze Star Medal (based on award of the Combat Infantryman Badge) to item 33 (Decorations and Citations) of his WD AGO Form 53-55.
_______ _ ___x____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110010699
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ABCMR Record of Proceedings (cont) AR20110010699
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